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I UK 206/07 AI generated

Social security law: A person who signs a work contract but does not actually work is not covered by social insurance.

Case Number I UK 206/07
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a woman who claimed social security benefits based on a work contract she signed while on parental leave. The court found that the contract was fictitious because she never performed any work duties, having only sought benefits to bypass legal requirements. Consequently, the court ruled that she did not meet the statutory conditions for social insurance coverage and must return the improperly received benefits.

Legislator headnote

AI generated

Art. 6 ust. 1 pkt 1 ustawy o systemie ubezpieczeń społecznych; Art. 58 § 1 k.c.: A person who signs a work contract but does not actually perform work duties is not subject to social insurance, and such a contract is deemed fictitious if concluded solely to evade legal provisions.

Keywords

AI generated
social insurance coverage fictitious employment contract parental leave social benefits fraud statutory conditions cassation appeal dismissal return of benefits

Cited Legislation

AI generated
art. 6 ust. 1 pkt 1 ustawy z dnia 13 października 1998 r. o systemie ubezpieczeń społecznych
art. 58 § 1 k.c.
art. 58 § 1 k.c
art. 2 k.p
art. 154 k.p
art. 155 k.p
art. 156 k.p
art. 157 k.p
art. 58 k.c
art. 2 Konstytucji RP

Cited Case Law

AI generated
II UKN 669/98 OSNAPiUS 2000 nr 15, poz. 597
I UK 21/05
III CSK 149/05
RZECZYPOSPOLITEJ POLSKIEJ Dnia 28 lutego 2006 r.
II UK 141/04
Supreme Court dismisses evasion claim when actual work duties and rights were performed under the employment contract.
I UK 236/04
Social security appeal dismissed; employer not a party despite employment contract validity.

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